What is the deadline for a Clear Pest Pros franchisee to notify the franchisor of a breach of the agreement?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
"You acknowledge that you have not received any express or implied representations or warranties regarding the sales, earnings, income, profits, gross revenues, business or financial success, value of the franchise, provided by us or our representatives or any other matters pertaining to the franchise from us or any of our officers, employees or agents that were not contained in this Agreement or the Franchise Disclosure Document received by you (hereinafter "Representations"). You further acknowledge that if you had received any such Representations, you would not have executed this Agreement, and you would have: (a) promptly notified us in writing of the person or persons making such Representations; and (b) provided to us a specific written statement detailing the Representations made."
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, if a franchisee has received any representations or warranties regarding the franchise's potential sales, earnings, income, profits, gross revenues, business or financial success, or value of the franchise from Clear Pest Pros or its representatives that were not included in the Franchise Agreement or the Franchise Disclosure Document, the franchisee must promptly notify Clear Pest Pros in writing. This notification should include the person or persons who made such representations and a specific written statement detailing the representations made.
This requirement ensures that Clear Pest Pros is immediately informed of any unauthorized or misleading representations made during the franchise sales process. By promptly reporting these representations, the franchisee helps Clear Pest Pros maintain the integrity of its franchise offering and address any potential misconduct by its representatives. This also protects the franchisee by documenting any discrepancies between what was promised and what is formally disclosed in the franchise documents.
In the absence of this prompt notification and written statement, Clear Pest Pros may assume that the franchisee did not rely on any representations outside of the official documents. This could weaken the franchisee's position in any future dispute regarding the accuracy or validity of the representations made during the franchise sales process. Therefore, it is crucial for prospective Clear Pest Pros franchisees to carefully review all information provided and to promptly report any inconsistencies or unauthorized representations to Clear Pest Pros in writing.
While the FDD mandates prompt written notification, it does not specify an exact deadline (e.g., within 10 days, 30 days, etc.). The term "promptly" is subjective and could be interpreted differently by Clear Pest Pros and the franchisee. To avoid any ambiguity, a prospective franchisee should seek clarification from Clear Pest Pros regarding what constitutes a "prompt" notification in this context. It would be prudent to request a specific timeframe in writing to ensure compliance and protect their rights.